中國入世後之法律制度與司法改革

China's Legal System & Judicial Reform after Its Accession to the WTO

The Shanghai Intermediate Court became the first court in Shanghai to include a dissenting opinion in its judgment, but it is far from clear if the introduction of dissenting opinions will become standard practices in Chinese courts. Indeed, it has been widely known that China's courts are weak and its judges are generally poorly qualified. From the aspect of China's WTO membership, the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) has so far devoted considerable energy to make Chinese laws and regulations consistent with its WTO obligations. However, the process of identifying inconsistent regulations is not enough. Laws and regulations must be ''applied'' and ''enforced''. To fulfill its promise completely, solid steps should be taken toward improving the qualifications of judges, and capacity-building efforts should be directed at local governments.